Section 220.12. Election of civil action; certification to hearing.

 

(1)   Election of civil action. If a charge is issued under s. DWD 220.11 , a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed may elect, in lieu of an administrative proceeding under ss. DWD 220.14 to 220.23 , to have the claims asserted in the charge decided in a civil action under s. 106.50 (6m) , Stats. The election shall be in writing and shall be filed with the department no later than 20 days after the receipt of service of the charge by the electing person. The department shall notify the parties and their attorneys of record that an election has been made. Upon the filing of an election, the department shall dismiss the complaint. The order of dismissal shall become effective 90 days after the date the order is issued. The order of dismissal shall state that it is without prejudice to the parties' rights to proceed on the complaint in another forum. The administrative proceedings shall be concluded upon the effective date of the department's order of dismissal. The complainant or the aggrieved person shall have 90 days from the date of receipt of service of the notice of election to file a summons and complaint in circuit court. Thereafter, the complaint shall proceed as provided under s. 106.50 (6m) , Stats.

(2)   Certification to hearing on the merits of the complaint. If an election is not made under this section, the department shall issue a notice certifying the matter to hearing. A hearing on the merits shall thereafter be noticed and conducted in accordance with the provisions of ss. DWD 220.14 to 220.23 .

History: Cr. Register, September, 1994, No. 465 , eff. 10-1-94; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540 .